This paper presents examples of judicial reasoning in conflicts involving governing board bias and the power to decide in higher education and in various public school settings. Two cases, "Simard v. Board of Education" and "Hortonville Joint School District No. 1 v. Hortonville Education Association," provide the general…

Case law indicates that termination of a teacher's services because of incompetence is justified for reasons including inability to control children, poor classroom planning, and ineffective organizational ability. Courts tend to rely on the judgment of school administration in determining teacher competence when charges are specific, well…

This work provides sample letters, charts, timelines, and checklists, to help principals adequately prepare for possible teacher dismissal. Chapter 1, "Describing the Marginal Teacher," lists traits common to marginal teachers. Chapter 2, "Establishing the Teacher Evaluation Process," presents a monthly timeline for assessing…

Suggests that the constitution or structure of schools should be democratic to foster democracy. Discusses the value of parents' voices in decision making, but warns of the tendency toward bureaucracy. Argues that structural indexes must be formulated so that they can be transformed into instructional processes by a coupling of…

Reports on a study of 4,000 teachers in the German states that comprised the former Federal Republic of Germany. Finds that the feminization of the teaching profession is not as far advanced as is often assumed. Calls for more research into teacher placement and whether or not it affects teacher effectiveness or morale. (CFR)

The statement of the American Association of University Professors' Special Committee on Distance Education and Intellectual Property addresses the rights and responsibilities of faculty, institutions, and third parties in the current volatile, highly entrepreneurial environment of distance education. A statement on copyrights is included. (MSE)

Reviews some legal and procedural guidelines pertaining to freedom of expression and due process in how teachers and administrators handle student verbal or symbolic threats. Reviews school cases related to freedom of expression, written expression, verbal or written expression off school property, and Internet expression. Offers recommendations…

Survey of 24 midwestern school attorneys, 31 midwestern school administrators, and 22 law professors identified the most important school law cases in 10 categories: students' rights, due process, search and seizure, school attendance, rights of the handicapped, school curriculum, church and state, school desegregation, school finance, and…

Describes classrooms and schools as a culture of power that mirror society's unjust social relations. Investigates the questions: (1) is it ever justified to use power to interrupt power?; and (2) does all silencing subjugate? Outlines arguments for and against censorship of teachers who believe that portraying homosexual lifestyles positively…

Addresses Barbara Applebaum's argument that speech acts reproduce power. Argues that Applebaum's focus on utterances and expressions of belief is too narrow because it leaves out silence, particularly about sexual orientation in school curricula. Describes silence as a speech act that promotes harm just as powerfully as other speech acts. (CAJ)

This paper explores the implications for democratic policy making and school governance of collective bargaining with teachers. Based on a case study of the 1992 Teachers Strike in Detroit, Michigan, the research examines the relationships among actors involved in the strike and in its settlement. Findings of this research suggest that the strike…

The purpose of this book is to answer questions regarding Illinois statutes, case law, and an administrative rules in force as of January 1, 1998. The book is designed for the lay men and women serving on school boards and in other official capacities, but it also answers legal questions commonly raised by teachers, parents, students, and others…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

One of the most frequent problems confronting employers is the need to investigate allegations of or suspicions that an employee has been involved in misconduct and take appropriate action when the evidence substantiates the wrongdoing. School district employers are no exception. Respect and trust in the school working environment are achieved by…

Five topics or "realms" of access to education in China are discussed in this paper presented in the form of a panel discussion by four Chinese, one Filipino and one Mauritian graduate student. The scope of the research includes three historical periods: (1) the beginning of the People's Republic of China (PRC) from 1949 until the…